Case: Panian v. Blanche

1:26-cv-01537 | U.S. District Court for the Eastern District of Virginia

Filed Date: June 3, 2026

Case Ongoing

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Case Summary

This case challenges the Department of Justice’s (DOJ) decision to rescind the full-time telework accommodations of two employees of the Executive Office of Immigration Review (EOIR) following the enforcement of the Trump Administration’s return to in-person work policy. This putative class action was filed on June 3, 2026 in the U.S. District Court for the Eastern District of Virginia against the Acting Attorney General of the United States. Both plaintiffs were employees of the EOIR with dis…

This putative class action was filed on June 3, 2026 in the U.S. District Court for the Eastern District of Virginia against the Acting Attorney General of the United States. Both plaintiffs were employees of the EOIR with disabilities who had been granted full-time telework as a reasonable accommodation under Section 501 of the Rehabilitation Act. Both plaintiffs consistently received excellent performance reviews while working remotely. Following President Trump's January 20, 2025 “Return to In-Person Work Memorandum,” EOIR implemented a policy and practice of predetermining that telework is never an appropriate accommodation, and subsequently denied both plaintiffs’ renewal requests. Represented by both private and public counsel, the plaintiffs brought three counts under Section 501 of the Rehabilitation Act: one on behalf of a proposed class challenging the no-telework policy, and one for each of the two individually named plaintiffs. The plaintiffs sought declaratory and injunctive relief, compensatory damages, restoration of used leave, attorneys' fees, and a jury trial. The case was assigned to District Judge Patricia Tolliver Giles and Magistrate Judge William E. Fitzpatrick.

On June 17, 2026, the plaintiffs moved for a preliminary injunction, seeking the immediate restoration of their full-time telework accommodations. The plaintiffs argued that they would be likely to succeed on the merits because, although they could perform the essential functions of their jobs with accommodations, EOIR refused to grant those accommodations and discriminated against them on the basis of disability. The plaintiffs further contended that EOIR failed to propose alternative accommodations, identify any legitimate issues with their medical documentation, or describe any undue hardship that granting the requested accommodations would impose. The plaintiffs also noted that they would face irreparable harm without the telework accommodation because returning to in-person work would pose an imminent and serious risk to both plaintiffs’ health.

On July 10, 2026, Judge Giles held a hearing on the motion for a preliminary injunction and granted the motion that same day. The defendants were ordered to immediately restore the plaintiffs’ full-time telework reasonable accommodation until a judgment is entered in this case.

As of July 17, 2026, this case is ongoing.

Summary Authors

Trump2.0 Collection (6/14/2026)

Kara Wilczynski (7/21/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73438118/parties/panian-v-blanche/

Attorney for Plaintiff

Carroll, Catherine Mary (Virginia)

Hill, Eve L (Virginia)

Wetzler, Lauren A. (Virginia)

Attorney for Defendant

Loftus, Meghan Elizabeth (Virginia)

Attorney for Plaintiff

Carroll, Catherine Mary (Virginia)

Hill, Eve L (Virginia)

Wetzler, Lauren A. (Virginia)

Attorney for Defendant

Loftus, Meghan Elizabeth (Virginia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:26-cv-01537	Class Action Complaint Jury Trial Demanded	June 3, 2026	June 3, 2026 Complaint
14 1:26-cv-01537	Memorandum Of Points And Authorities In Support Of Plaintiffs’ Motion For A Preliminary Injunction	June 17, 2026	June 17, 2026 Other

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/73438118/panian-v-blanche/

Last updated Sept. 27, 2026, 3:16 a.m.

Docket for: Panian v. Blanche

ECF Number	Date	Description	Link
1	June 3, 2026	Complaint ( Filing fee $ 405, receipt number AVAEDC-11045441.), filed by Kimberly Panian, Hoi Yee Baxter. (Attachments: # 1 Civil Cover Sheet)(Carroll, Catherine) (Entered: 06/03/2026) 1 Civil Cover Sheet View on PACER	Clearinghouse
2	June 3, 2026	Proposed Summons re 1 Complaint by Hoi Yee Baxter, Kimberly Panian. (Attachments: # 1 Summons)(Carroll, Catherine) (Entered: 06/03/2026)	RECAP
3	June 3, 2026	NOTICE of Appearance by Catherine Mary Agnes Carroll on behalf of Hoi Yee Baxter, Kimberly Panian (Carroll, Catherine) (Entered: 06/03/2026)	RECAP
4	June 3, 2026	Motion to appear Pro Hac Vice by Anashua Dutta and Certification of Local Counsel Catherine M.A. Carroll Filing fee $ 75, receipt number AVAEDC-11045449. by Hoi Yee Baxter, Kimberly Panian. (Carroll, Catherine) (Entered: 06/03/2026)	RECAP
5	June 3, 2026	Motion to appear Pro Hac Vice by Elena Goldstein and Certification of Local Counsel Catherine M.A. Carroll Filing fee $ 75, receipt number AVAEDC-11045453. by Hoi Yee Baxter, Kimberly Panian. (Carroll, Catherine) (Entered: 06/03/2026)	RECAP
6	June 3, 2026	Motion to appear Pro Hac Vice by Louis Katz and Certification of Local Counsel Catherine M.A. Carroll Filing fee $ 75, receipt number AVAEDC-11045455. by Hoi Yee Baxter, Kimberly Panian. (Carroll, Catherine) (Entered: 06/03/2026)	RECAP
7	June 3, 2026	Motion to appear Pro Hac Vice by Heidi Rhodes Burakiewicz and Certification of Local Counsel Catherine M.A. Carroll Filing fee $ 75, receipt number AVAEDC-11045457. by Hoi Yee Baxter, Kimberly Panian. (Carroll, Catherine) (Entered: 06/03/2026)	RECAP
8	June 3, 2026	Motion to appear Pro Hac Vice by Sophia Serrao and Certification of Local Counsel Catherine M.A. Carroll Filing fee $ 75, receipt number AVAEDC-11045460. by Hoi Yee Baxter, Kimberly Panian. (Carroll, Catherine) (Entered: 06/03/2026)	RECAP
9	June 4, 2026	Summons Issued as to U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney)(Agil, ) (Entered: 06/04/2026) 1 Notice to Attorney View on PACER	RECAP
	June 4, 2026	Initial Case Assignment to District Judge Patricia Tolliver Giles and Magistrate Judge William E. Fitzpatrick. (Agil, )
	June 4, 2026	Initial Case Assignment
10	June 12, 2026	AFFIDAVIT of Service for Summons & Complaint served on Todd W. Blanche, in his official capacity as Acting Attorney General of the United States on June 11, 2026, filed by Hoi Yee Baxter, Kimberly Panian. (Carroll, Catherine) (Entered: 06/12/2026)	RECAP
11	June 12, 2026	AFFIDAVIT of Service for Summons & Complaint served on The United States Attorney's Office for the Eastern District of Virginia on June 4, 2026, filed by Hoi Yee Baxter, Kimberly Panian. (Carroll, Catherine) (Entered: 06/12/2026)	RECAP
12	June 16, 2026	NOTICE of Appearance by Lauren A. Wetzler on behalf of Hoi Yee Baxter, Kimberly Panian (Wetzler, Lauren) (Entered: 06/16/2026)	RECAP
13	June 17, 2026	MOTION for Preliminary Injunction by Hoi Yee Baxter, Kimberly Panian. (Attachments: # 1 Proposed Order)(Carroll, Catherine) (Entered: 06/17/2026) 1 Proposed Order View on PACER	RECAP
14	June 17, 2026	Memorandum in Support re 13 MOTION for Preliminary Injunction filed by Hoi Yee Baxter, Kimberly Panian. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Carroll, Catherine) (Entered: 06/17/2026) 1 View on RECAP 2 View on RECAP 3 View on RECAP	Clearinghouse
15	June 17, 2026	AFFIDAVIT in Support re 13 MOTION for Preliminary Injunction filed by Hoi Yee Baxter, Kimberly Panian. (Attachments: # 1 Exhibit 5, # 2 Exhibit 6, # 3 Exhibit 7, # 4 Exhibit 8, # 5 Exhibit 9, # 6 Exhibit 10, # 7 Exhibit 11, # 8 Exhibit 12, # 9 Exhibit 13, # 10 Exhibit 14, # 11 Exhibit 15, # 12 Exhibit 16, # 13 Exhibit 17, # 14 Exhibit 18, # 15 Exhibit 19, # 16 Exhibit 20, # 17 Exhibit 21, # 18 Exhibit 22, # 19 Exhibit 23, # 20 Exhibit 24, # 21 Exhibit 25, # 22 Exhibit 26, # 23 Exhibit 27)(Carroll, Catherine) (Entered: 06/17/2026) 1 Exhibit 5 View on PACER 2 Exhibit 6 View on PACER 3 Exhibit 7 View on PACER 4 Exhibit 8 View on PACER 5 Exhibit 9 View on PACER 6 Exhibit 10 View on PACER 7 Exhibit 11 View on PACER 8 Exhibit 12 View on PACER 9 Exhibit 13 View on PACER 10 Exhibit 14 View on PACER 11 Exhibit 15 View on PACER 12 Exhibit 16 View on PACER 13 Exhibit 17 View on PACER 14 Exhibit 18 View on PACER 15 Exhibit 19 View on PACER 16 Exhibit 20 View on PACER 17 Exhibit 21 View on PACER 18 Exhibit 22 View on PACER 19 Exhibit 23 View on PACER 20 Exhibit 24 View on PACER 21 Exhibit 25 View on PACER 22 Exhibit 26 View on PACER 23 Exhibit 27 View on PACER	RECAP
16	June 17, 2026	AFFIDAVIT in Support re 13 MOTION for Preliminary Injunction filed by Hoi Yee Baxter, Kimberly Panian. (Attachments: # 1 Exhibit 29, # 2 Exhibit 30, # 3 Exhibit 31, # 4 Exhibit 32, # 5 Exhibit 33, # 6 Exhibit 34, # 7 Exhibit 35, # 8 Exhibit 36, # 9 Exhibit 37, # 10 Exhibit 38, # 11 Exhibit 39, # 12 Exhibit 40, # 13 Exhibit 41, # 14 Exhibit 42, # 15 Exhibit 43, # 16 Exhibit 44, # 17 Exhibit 45, # 18 Exhibit 46, # 19 Exhibit 47, # 20 Exhibit 48, # 21 Exhibit 49, # 22 Exhibit 50, # 23 Exhibit 51, # 24 Exhibit 52, # 25 Exhibit 53, # 26 Exhibit 54, # 27 Exhibit 55, # 28 Exhibit 56, # 29 Exhibit 57, # 30 Exhibit 58, # 31 Exhibit 59, # 32 Exhibit 60)(Carroll, Catherine) (Entered: 06/17/2026)	RECAP
17	June 17, 2026	Notice of Hearing Date set for 7/2/2026 re 13 MOTION for Preliminary Injunction (Carroll, Catherine) (Entered: 06/17/2026)	RECAP
18	June 18, 2026	Notice of Hearing Date Amended Notice of Hearing set for 07/09/2026 re 13 MOTION for Preliminary Injunction (Carroll, Catherine) (Entered: 06/18/2026)	RECAP
19	June 18, 2026	ORDER that the hearing is RESET for Friday, 07/10/2026, at 10:00 a.m. re: 13 MOTION for Preliminary Injunction filed by Kimberly Panian, Hoi Yee Baxter. Signed by District Judge Patricia Tolliver Giles on 06/18/26. (pmil, ) (Entered: 06/18/2026)	RECAP
	June 18, 2026	Motion Hearing set for 7/9/2026 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles as to 13 MOTION for Preliminary Injunction. (dzir)
	June 18, 2026	Set Motion and R&R Deadlines/Hearings
	June 18, 2026	Reset Deadline as to 13 MOTION for Preliminary Injunction. Motion Hearing set for 7/10/2026 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (pmil, )
20	July 1, 2026	Opposition to 13 MOTION for Preliminary Injunction filed by Todd W. Blanche. (Attachments: # 1 Exhibit A)(Loftus, Meghan) (Entered: 07/01/2026) 1 Exhibit A View on PACER	RECAP
21	July 2, 2026	NOTICE of Appearance by Eve L Hill on behalf of Hoi Yee Baxter, Kimberly Panian (Hill, Eve) (Entered: 07/02/2026)	RECAP
22	July 2, 2026	Motion to appear Pro Hac Vice by Anisha Shanae Queen and Certification of Local Counsel Eve L. Hill Filing fee $ 75, receipt number AVAEDC-11117424. by Hoi Yee Baxter, Kimberly Panian. (Hill, Eve) (Entered: 07/02/2026)	RECAP
23	July 7, 2026	REPLY to Response to Motion re 13 MOTION for Preliminary Injunction filed by Hoi Yee Baxter, Kimberly Panian. (Attachments: # 1 Exhibit 61, # 2 Exhibit 62, # 3 Exhibit 63, # 4 Exhibit 64, # 5 Exhibit 65, # 6 Exhibit 66, # 7 Exhibit 67, # 8 Exhibit 68, # 9 Exhibit 69, # 10 Exhibit 70, # 11 Exhibit 71, # 12 Exhibit 72, # 13 Exhibit 73, # 14 Exhibit 74, # 15 Exhibit 75, # 16 Exhibit 76, # 17 Exhibit 77)(Carroll, Catherine) (Entered: 07/07/2026)	RECAP
24	July 9, 2026	NOTICE of Appearance by Meghan Elizabeth Loftus on behalf of Todd W. Blanche (Loftus, Meghan) (Entered: 07/09/2026)	RECAP
25	July 10, 2026	Minute Entry for proceedings held before District Judge Patricia Tolliver Giles: Motion Hearing held on 7/10/2026.Appearances of Counsel for Plaintiffs' and Counsel for Defendant.RE: 13 MOTION for Preliminary Injunction filed by Kimberly Panian, Hoi Yee Baxter - MATTER ARGUED AND GRANTED - ORDER TO FOLLOW/ENTER.Court Reporter: S. Wallace (pmil, ) (Entered: 07/10/2026)	RECAP
26	July 10, 2026	ORDERED that Plaintiffs' Motion is GRANTED; and it further ORDERED that Defendant DIRECT the Executive Office of Immigration Review ("EOIR") to immediately restore Plaintiffs Kimberly Panian and Hoi Yee Baxter their full-time telework reasonable accommodations, until such time as judgement is entered. Signed by District Judge Patricia Tolliver Giles on 7/10/2026. (dzir) (Entered: 07/10/2026)	RECAP
27	July 10, 2026	Order on Motion for Pro hac vice	RECAP
28	July 10, 2026	Order on Motion for Pro hac vice	RECAP
29	July 10, 2026	Order on Motion for Pro hac vice	RECAP
30	July 10, 2026	Order on Motion for Pro hac vice	RECAP
31	July 10, 2026	Order on Motion for Pro hac vice	RECAP
32	July 10, 2026	Order on Motion for Pro hac vice	RECAP
33	July 17, 2026	Transcript	RECAP
34	July 31, 2026	Motion to Withdraw	RECAP
36	July 31, 2026	Order on Motion to Withdraw	RECAP
35	Aug. 2, 2026	Motion for Extension of Time to File Answer	RECAP
37	Aug. 3, 2026	Order on Motion for Extension of Time to Answer	RECAP
38	Aug. 13, 2026	Answer to Complaint	RECAP
39	Aug. 18, 2026	Scheduling Order 1 Pretrial Notice View on PACER 2 Magistrate Judge Consent Form View on PACER	RECAP
40	Aug. 28, 2026	Transcript	RECAP